Appointment and Qualification Executive Law
How long is a Notary Public term?
What is 4 years
As a public officer, what must a Notary Public do first before acting in any notarial capacity ?
They must first file an official "oath of office" before acting in any notarial capacity.
Besides the County Clerk who can appoint a Notary Public?
The Secretary of State.
Which appointees are waived from the exam fee?
Licensed attorneys and an appointed Court Clerk of the US Court System who passed the Civil Service Promotional Exam
Notary can’t divide fees with lawyer
What is True
Can a Notary Public notarize a faxed or photocopied signature?
What is No, notaries can only notarize the original.
When can a person not be eligible for the office of Notary Public according to the "public officers law"?
No person is eligible for the offer of Notary Public who has been convicted of a violation of the selective draft of the U.S enacted may 18, 1917, or the acts amendatory or supplemental, or of the federal selective training and service act of 1940.
Who can designate from their staff to notarize documents?
A county clerk.
What is the meaning of the seal of the County Clerk?
To identify the notary public, his authority and jurisdiction.
Seal is not necessary but must include name and Notary Public for the State of New York
What is True
What does the Executive Law state about any person removed from office as a Commissioner of Deed?
It states that any person removed from office as Commissioner of Deeds (in NYC) is ineligible for a position as a Notary Public and/or reappointment as Commissioner of Deeds. Also once removed they cannot sign any instrument as a commissioner of Deed, or Notary Public
When is a Notary Public guilty of a misdemeanor according to the "Public Officers Law"?
A Notary Public is guilty of a misdemeanor when they executes any of the functions of a public office without having taken and duly filed the required oath of office, as prescribed by law.
Can Sheriffs be a Notary Public?
No. Sheriffs can hold no other office.
What is the consequence for a Notary Public who is caught committing fraud or deceit?
They will be guilty of a misdemeanor and might have their license revoke.
A notary fee for a protest of non-payment is $2.00
What is False, it is $0.75
What are the requirements to be appointed a NP by the Secretary of State?
1. Must be a citizen of the US or a legal permanent resident. 2. Can have an office in NYS 3. No felony records. 4. Pass Notary Public exam.
What can a notary public who is an attorney at law and regularly admitted to practice in this State have the authority to do?
They are authorized and empowered to administer oaths and affirmations. To take affidavits and deposition, to receive and certify acknowledgement or proof of deeds, mortgages, and power of attorney, and other instruments in writing.
When must a County Clerk staff be available to notarize documents?
A County Clerk staff must be made available by the County Clerk during normal business hours. (9:00 a.m. to 5:00 p.m.)
How can a Notary Public advertise?
They must advertise with a statement that they are not licensed to practice law. This includes advertisements made in foreign language.
A Jurat comes before the Signature in the affidavit
What is False, it comes After.
What are the procedures to become a Notary Public in terms of appointment, fees, and commissions?
1. Submit application to secretary of State (with official signature and oath of office) 2. If satisfied with competency and good character - secretary of State will issue a commission to applicant and the signature and oath will filed 3. Secretary of State will receive the application fee of $60 4. Mail Notary Public an ID card.
What are the rules for notarizing?
1. Do not notarize your own signature. 2. Do not notarize documents that you are a party to 3. Do not notarize transactions where you get an advantage 4. Do not notarize for relatives if it violates any of the above restrictions
What is a County Clerk's Certificate?
1. A certificate attached by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary. 2. A certificate that make notary public documents genuine.
As a Notary Public for a corporation can you take acknowledgement or proof of any party to a written instrument executed by the corporation?
Yes, you can as long as the notary public is not a stockholder of the corporation, and have nothing at stake or to gain by doing so.
You only need the date of signature and time for your notary book
What is false, you need the following: